Search Results for "Indian Evidence Act"

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Bombay High Court Dismisses Appeal Against Grant of Probate — Secondary Evidence of Will Held Admissible Despite Non-Production of Original. Attestation Proved Through Scribe's Son and Attesting Witness's Daughter; Delay and Exclusion of Heirs Not Suspicious.

The present appeal was filed under Section 96 read with Order 41 of the Code of Civil Procedure, 1908 by the original Opponents against the judgment d...

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Bombay High Court Allows Writ Petition Challenging Rejection of Application for Certified Copy of Will Under Section 57 of Indian Succession Act, 1925 — Held That Application for Certified Copy of Will Cannot Be Rejected on Ground That Will Was Not Registered or That Probate Was Not Obtained.

The petitioners, who are the legal heirs of the deceased Shrimantrao Patil, filed a writ petition challenging the order dated 24.11.2009 passed by the...

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Bombay High Court Dismisses Appeal in Mortgage Redemption Suit — Tenant-Mortgagee Cannot Deny Landlord's Title. Court holds that a mortgage by a tenant in favour of the landlord is valid and the mortgagor's right to redeem subsists despite the mortgagee's acquisition of tenancy rights.

The suit property originally belonged to Arjun Nivrutti Darwade and his family. In 1939, the father of the appellants (original defendants) was induct...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Failure to Prove Motive. Conviction under Sections 302 and 201 IPC set aside as circumstantial evidence did not form complete chain pointing to guilt.

The appellant, Sitaram Laxman Dhoom, was convicted by the Additional Sessions Judge, Nashik, for the murder of his sister-in-law Pushpa and for causin...

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Bombay High Court Acquits Mother and Ex-Police Officer in Murder Case Due to Lack of Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 read with Section 120-B IPC set aside as prosecution failed to prove conspiracy and murder beyond reasonable doubt.

The case pertains to the murder of Rohan, the son of appellant Nanda Rajendra Zodge (accused No.2) and the alleged involvement of appellant Shivaji Ki...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Finding of Money Lending Transaction and Time Bar. Agreement to sell held to be a loan transaction; suit for specific performance barred by limitation as no time fixed for performance.

The appellant/plaintiff filed a suit for specific performance of an agreement to sell. The defendant/respondent contended that the transaction was a m...

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Bombay High Court Grants Probate of Will in Favor of Propounder Despite Allegations of Undue Influence. Court holds that propounder discharged burden of proving due execution and testamentary capacity under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiff, Janki Suresh Bhandoola, as the sole executrix named in the last will and testament of Sushiladevi T. Parsani (the testatrix), filed a s...

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Bombay High Court Dismisses Suit for Letters of Administration in Will Dispute Due to Suspicious Circumstances and Lack of Proof of Due Execution. Will propounded by sons from second wife held not proved as last Will of deceased Vithal Gunduji Rananavare.

The present Testamentary Suit was filed by Dr. Ravindra alias Satish Vithal Rananavare (since deceased) and Devendra alias Sanju Vithal Rananavare, so...